[Your Name] [Your Address] [City, State, Zip] [Email Address] [Phone Number] [Date] [Judge's Name] [Judge's Designation] [New Mexico Court Name] [Court Address] [City, State, Zip] Re: Order Granting Motion for Summary Judgment Dear [Judge's Name], I hope this letter finds you in good health and high spirits. I am writing to request an order granting the motion for summary judgment filed by [Plaintiff's/Legal Party's Name] in [Case Name and Number]. In support of this motion, we have thoroughly reviewed the facts, evidence, and legal arguments pertaining to the case. After conducting a comprehensive analysis, it is our belief that there exists no genuine issue of material fact and that judgment as a matter of law is appropriate. Our motion highlights the following essential points: 1. Background and Case Summary: Provide a brief overview of the case, including the parties involved, the cause of action, and any relevant facts or events leading up to the motion for summary judgment. 2. Legal Standard: Explain the applicable legal standard for granting summary judgment in New Mexico courts. Reference specific statutes or court precedents that outline the criteria for this relief. 3. Statement of Uncontested Facts: Present a clear and concise statement of uncontested facts, supported by relevant evidence, showing that there is no genuine issue as to any material fact. This section should emphasize that no dispute exists regarding the essential elements of the plaintiff's claim. 4. Legal Arguments: Outline the legal arguments supporting our request for summary judgment. This section should address the legal elements of the plaintiff's claim and demonstrate how the evidence presented unequivocally supports our position. 5. Supporting Evidence: Attach relevant exhibits, affidavits, deposition transcripts, expert reports, or other forms of evidence that substantiate our contention that summary judgment should be granted. 6. Precedents and Case Law: Cite and discuss relevant New Mexico cases that support the relief sought in our motion. These precedents should serve as persuasive authorities that establish a strong basis for granting summary judgment. We firmly believe that our motion complies with all applicable procedural rules and that it is properly supported by both the law and the evidence presented in this case. Granting this motion would promote judicial efficiency, curtail unnecessary litigation expenses, and deliver justice in a timely manner. Should you require any additional information, documents, or clarification pertaining to this motion, please do not hesitate to contact me. I am available at your convenience to address any concerns or inquiries you may have. Thank you for your time and consideration. We trust that you will carefully review the motion and make a fair and just decision that upholds the principles of justice and law. Yours sincerely, [Your Name]
New Mexico Sample Letter for Order Granting Motion for Summary Judgment
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How to fill out Sample Letter For Order Granting Motion For Summary Judgment?
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FAQ
The standard of review for summary judgment is well settled in New Mexico. Summary judgment should be granted if there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter oflaw.
What Is a Summary Judgment Motion? A motion for summary judgment is when a litigant in a case, either the plaintiff or the defendant, asks the court to end the case without holding a trial.
Final judgments and decrees, entered by district courts in all cases tried pursuant to the provisions of this section shall remain under the control of such courts for a period of thirty days after the entry thereof, and for such further time as may be necessary to enable the court to pass upon and dispose of any ...
Rule 1-012 - Defenses and objections; when and how presented; by pleading or motion; motion for judgment on the pleadings A. When presented. A defendant shall serve his answer within thirty (30) days after the service of the summons and complaint upon him.
While both are pre-trial devices, summary adjudication differs from summary judgment in that the latter disposes of the entire case, whereas summary adjudication resolves selected issues, leaving the remaining ones to be settled at trial.
New Mexico courts view summary judgment with disfavor, preferring a trial on the merits. Summary judgment may be proper when the movant has met its initial burden of establishing a prima facie case for summary judgment. The evidence adduced must result in reasonable inferences.
The introductory paragraph should begin, "Defendant John Smith respectfully moves for summary judgment. As reasons for this motion?." Then list your arguments, as in the motion itself. Some practitioners state that you should not repeat language word for word, but I disagree.
Rule 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...
